(1990Year9month7Adopted at the 15th meeting of the Standing Committee of the 7th National People's Congress According to2001Year10month27The "Decision on Amending the Copyright Law of the People's Republic of China" at the 24th Meeting of the Standing Committee of the Ninth National People's Congress was revised for the first time According to2010Year2month26The second revision of the "Decision on Amending the Copyright Law of the People's Republic of China" at the 13th meeting of the Standing Committee of the 11th National People's Congress According to2020Year11month11The third revision of the "Decision on Amending the Copyright Law of the People's Republic of China" at the 23rd Meeting of the Standing Committee of the 13th National People's Congress on July 1)
m88 best betting website Record
Chapter 1 Total then
Chapter 2 With Made Quan
Section 1 Copyright owners and their rights
Section 2 Copyright ownership
Section 3 Protection period of rights
Section 4 Limitations on rights
Chapter 3 Copyright License Use and Transfer Contract
Chapter 4 Rights related to copyright
Section 1 Publishing of books, newspapers and periodicals
Section 2 Table act
Section 3 Audio and video
Section 4 Broadcast by radio stations and television stations
Chapter 5 Protection of copyright and copyright-related rights
Chapter 6 Attachment then
Chapter 1 Total then
Article 1 To protect literature、Copyright of authors of artistic and scientific works,And rights related to copyright,Encouragement is beneficial to socialist spiritual civilization、Creation and dissemination of works for the construction of material civilization,Promote the development and prosperity of socialist culture and science,This law is formulated in accordance with the Constitution。
Article 2 Chinese Citizen、Works of legal persons or unincorporated organizations,Whether published or not,Enjoy copyright in accordance with this law。
Foreigners、The works of stateless persons enjoy copyright according to the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both countries are parties,Protected by this law。
Foreigners、The work of a stateless person is first published in China,Enjoy copyright in accordance with this law。
The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participate in international treaties and are published for the first time in a member country of an international treaty that China is a party to,Or published simultaneously in member states and non-member states,Protected by this law。
Article 3 Works referred to in this Act,refers to literature、Intellectual achievements that are original and can be expressed in a certain form in the fields of art and science,Includes:
(1) Written works;
(2) Oral works;
(3)Music、Drama、Quyi、Dance、Acrobatic art work;
(4) Art and architectural works;
(5) Photography works;
(6) Audiovisual works;
(7) Engineering Design Drawing、Product design drawing、Map、Schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work.
Article 4 Copyright and copyright-related rights holders exercise their rights,Must not violate the constitution and laws,No harm to public interests。State publication of works、Propaganda shall be supervised and managed in accordance with the law。
Article 5 This law does not apply to:
(1) Law、Regulations,Resolution of state agencies、Decision、Orders and other legislation、Administration、Documents of a judicial nature,and its official translation;
(2) Pure factual information;
(3) Calendar, general number tables, general tables and formulas.
Article 6 Measures for copyright protection of folk literary and artistic works shall be separately stipulated by the State Council。
Article 7 The national copyright authority is responsible for copyright management nationwide;The local copyright departments at or above the county level are responsible for copyright management in their respective administrative regions。
Article 8 Copyright and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights。A copyright collective management organization established in accordance with the law is a non-profit legal person,After being authorized, you can claim rights for the copyright owner and copyright-related rights holders in your own name,And can be a party in litigation involving copyright or copyright-related rights、Arbitration、Mediation Activity。
Copyright collective management organizations collect royalties from users based on authorization。The standard for charging royalties shall be determined through negotiation between the copyright collective management organization and user representatives,Cannot be negotiated,You can apply to the national copyright authority for a ruling,Dissatisfied with the ruling,You can file a lawsuit with the People's Court;The parties may also file a lawsuit directly with the People’s Court。
Copyright collective management organizations should collect and transfer royalties、Withdrawal and use of management fees、The overall situation such as the unallocated portion of the usage fee is regularly announced to the public,And a rights information query system should be established,For inquiries by rights holders and users。The national copyright authorities shall supervise copyright collective management organizations in accordance with the law、Management。
How to establish a copyright collective management organization、Rights and obligations、Collection and distribution of royalties,As well as its supervision and management, etc. shall be separately stipulated by the State Council。
Chapter 2 Copyright
Section 1 Copyright owners and their rights
Article 9 Copyright holders include:
(1) Author;
(2) Other natural persons who enjoy copyright in accordance with this law、Legal person or unincorporated organization。
Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication,The right to decide whether a work should be made public;
(2) Right of signature,Indicates authorship,Right to sign the work;
(3) Right of modification,The right to modify or authorize others to modify the work;
(4) Protection of the integrity of works,Protect works from distortion、Right of tampering;
(5) Right of reproduction,Ready to print、Copy、Rubbing、Recording、Video、Rip、Remake、The right to make one or more copies of the work through digitalization or other methods;
(6) Distribution rights,The right to provide originals or copies of works to the public by sale or donation;
(7) Rental rights,Licensing others to temporarily use audio-visual works for a fee、Right to original or copied computer software,Except for computer software that is not the main subject of rental;
(8) Exhibition rights,That is, public display of art works、Right to the original or copy of the photographic work;
(9) Performance rights,That is, a public performance work,And the right to publicly broadcast the performance of the work by all means;
(10) Screening rights,That is, through the projector、Slide projectors and other technical equipment publicly reproduce art、Photography、Rights to audiovisual works, etc.;
(11) Broadcasting Rights,That is, publicly disseminating or rebroadcasting the work through wired or wireless means,and via loudspeaker or other transmission symbols、Voice、The right to communicate broadcast works to the public by similar means of images,But does not include the rights specified in item 12 of this paragraph;
(12) Right of information network dissemination,Provided to the public via wired or wireless methods,The right to make a work available to the public at a time and place of its choosing;
(Thirteen) Filming Rights,That is, the right to fix the work on the carrier by the method of filming audio-visual works;
(14) Adaptation rights,Change the work,The right to create new and original works;
(15) Translation rights,The right to transform a work from one language into another;
(16) Compilation rights,The work or fragments of the work are selected or arranged,The right to assemble into new works;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights specified in items 5 to 17 of the preceding paragraph,And receive remuneration in accordance with the agreement or the relevant provisions of this law。
The copyright owner may transfer all or part of the rights specified in items 5 to 17 of paragraph 1 of this article,And receive remuneration in accordance with the agreement or the relevant provisions of this law。
Section 2 Copyright ownership
Article 11 Copyright belongs to the author, unless otherwise provided in this law.
The natural person who creates the work is the author.
Hosted by a legal person or unincorporated organization,Created on behalf of a legal person or unincorporated m88 live casino and sports m88 sports bettingbettingorganization,Works for which legal persons or unincorporated organizations are responsible,Legal persons or unincorporated organizations are regarded as authors。
Article 12 The natural person who signs the work、A legal person or unincorporated organization is the author,And the corresponding rights exist in the work,Unless there is proof to the contrary。
Authors and other copyright holders can register their works with the registration agency recognized by the national copyright authorities。
The rights related to copyright shall be subject to the provisions of the previous two paragraphs.
Article 13 Adapted、Translation、Comment、Works produced by sorting out existing works,The copyright is adapted from、Translation、Comment、Organized for everyone,However, when exercising copyright, the copyright of the original work must not be infringed。
Article 14 Works created by collaboration between two or more people,Copyright is shared by co-authors。People who did not participate in the creation,Cannot be a co-author。
The copyright of collaborative works shall be exercised by the co-authors through consensus;Unable to reach consensus,There is no legitimate reason,No party shall prevent the other party from exercising the transfer、Licensed to others for exclusive use、Other rights other than pledge,But the proceeds should be reasonably distributed to all co-authors。
Collaborative works can be divided and used,Authors can enjoy separate copyrights for their respective creations,However, when exercising copyright, the copyright of the entire collaborative work must not be infringed。
Article 15 Compilation of several works、Fragments of the work or data or other materials that do not constitute the work,Works that demonstrate originality in the selection or arrangement of their content,is a compilation work,The copyright belongs to the compiler,But when exercising copyright,Do not infringe the copyright of the original work。
Article 16 Use adaptation、Translation、Comment、Organization、Publish works resulting from compilation of existing works、Performance and production of audio and video recordings,The permission of the copyright owner of the work and the copyright owner of the original work should be obtained,And pay compensation。
Article 17 Film works among audiovisual works、The copyright of TV series works belongs to the producer,But the screenwriter、Director、Photography、lyrics、Composers and other authors have the right of signature,And is entitled to be remunerated in accordance with the contract with the producer。
The copyright ownership of audio-visual works other than those specified in the preceding paragraph shall be agreed upon by the parties;No agreement or unclear agreement,By the producer,But the author has the right of authorship and the right to receive remuneration。
Scripts in audiovisual works、The author of music and other works that can be used alone has the right to exercise his copyright alone。
Article 18 Works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are professional works,Except for the provisions of paragraph 2 of this article,Copyright belongs to the author,However, legal persons or unincorporated organizations have the right to preferential use within their business scope。Within two years of completion of the work,Without the consent of the unit,The author shall not permit third parties to use the work in the same manner as used by the organization。
Service works with one of the following situations,The author has the right of authorship,Other rights of copyright are enjoyed by legal persons or unincorporated organizations,Legal persons or unincorporated organizations can give rewards to authors:
(1) Mainly created using the material and technical conditions of legal persons or unincorporated organizations,Engineering design drawings for which a legal person or unincorporated organization is responsible、Product design drawing、Map、Schematic diagram、Computer software and other professional works;
(2) Newspaper Agency、Journal Press、News Agency、radio station、Office work created by TV station staff;
(3) Law、Service works whose copyright is enjoyed by legal persons or unincorporated organizations as stipulated in administrative regulations or contracts。
Article 19 Commissioned work,The ownership of copyright is agreed upon by the principal and the trustee through a contract。The contract has not been explicitly stipulated or no contract has been concluded,Copyright belongs to the trustee。
Article 20 Transfer of ownership of the original work,Does not change the ownership of the copyright of the work,Dan Art、The exhibition right of the original photographic work belongs to the original owner。
Unpublished art by the author、Original ownership of photographic works transferred to others,The transferee’s exhibition of the original does not constitute an infringement of the author’s right of publication。
Article 21 Copyright belongs to natural persons,After the death of a natural person,The rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law are within the protection period stipulated in this Law,Transfer according to law。
Copyright belongs to legal persons or unincorporated organizations,Change of legal person or unincorporated organization、After termination,The rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law are within the protection period stipulated in this Law,Enjoyed by the legal person or unincorporated organization that assumes its rights and obligations;There is no legal person or unincorporated organization that bears its rights and obligations,Enjoyed by the state。
Section 3 Protection period of rights
Article 22 Author’s right of authorship、Right of modification、The protection period of the right to protect the integrity of the work is not limited。
Article 23 Works of natural persons,its right to publish、The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is the life of the author and fifty years after his death,Ending on the fiftieth year after the author’s death12month31日;If it is a collaborative work,Ending on the fiftieth year after the death of the last author12month31Day.
Works of legal persons or unincorporated organizations、Works for which the copyright (excluding the right of authorship) is enjoyed by a legal person or an unincorporated organization,The right of publication is protected for fifty years,Ending on the fiftieth year after the creation of the work12month31日;The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years,Ended on the fiftieth year after the work was first published12month31日,But the work has not been published within fifty years since its creation,No longer protected by this law。
Audiovisual works,The right of publication is protected for fifty years,Ending on the fiftieth year after the creation of the work12month31日;The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years,Ended on the fiftieth year after the work was first published12month31日,But the work has not been published within fifty years since its creation,No longer protected by this law。
Section 4 Limitations on rights
Article 24 Use the work in the following circumstances,Can be used without the permission of the copyright owner,No compensation will be paid to them,But the author’s name or title should be specified、Title of work,And shall not affect the normal use of the work,It also has to reasonably damage the legitimate rights and interests of the copyright owner:
(1) Study for individuals、Study or appreciate,Use other people’s published works;
(2) is an introduction、Comment on a certain work or explain a certain issue,Appropriately cite the published works of others in your work;
(3) To report news,In the newspaper、Journal、radio station、It is inevitable to reproduce or quote published works in television and other media;
(4) Newspaper、Journal、radio station、TV stations and other media publish or broadcast other newspapers、Journal、radio station、About politics that have been published by TV stations and other media、Economy、Current articles on religious issues,However, the copyright owner declares that publication is not allowed、Except for playing;
(5)Newspaper、Journal、radio station、TV stations and other media publish or broadcast speeches delivered at public gatherings,But the author declares that it is not allowed to be published、Except for playing;
(6) For school classroom teaching or scientific research,Translation、Adapted、Compilation、Play or copy a small amount of published works,For use by teaching or scientific researchers,But it is not allowed to be published;
(7) State agencies use published works within a reasonable scope to perform official duties;
(8) Library、Archives、Memorial Hall、Museum、Art Museum、Cultural centers, etc. need to display or preserve the version,Copy the works collected by this museum;
(9) Free performance of published works,There is no charge to the public for this performance,The performers were not paid either,Not for profit;
(10) Copying works of art installed or displayed in public places、Painting、Photography、Video;
(11) Will be a Chinese citizen、Works published by legal persons or unincorporated organizations in the national common language are translated into minority languages and published domestically;
(12) Provide published works to people with dyslexia in an accessible manner that they can perceive;
m88 online sports betting(m88 online betting13) Other situations stipulated by laws and administrative regulations.
The preceding paragraph applies to restrictions on copyright-related rights。
Article 25 Compiled and published textbooks for the implementation of compulsory education and national education planning,Can be used without the permission of the copyright owner,Compile fragments of published works or short written works in textbooks、Musical works or single art works、Photography、Graphic Works,However, remuneration should be paid to the copyright owner in accordance with regulations,Indicate author name or title、Title of work,And shall not infringe other rights enjoyed by the copyright owner in accordance with this law。
The preceding paragraph applies to restrictions on copyright-related rights。
Chapter 3 Copyright License Use and Transfer Contract
Article 26 When using other people’s works, you must enter into a licensing contract with the copyright owner,Except for the provisions of this law that do not require permission。
The license contract includes the following main contents:
(1) Type of rights permitted to be used;
(2) The right to use is exclusive or non-exclusive;
(3) Geographical scope and period of permitted use;
(4) Remuneration standards and methods;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Article 27 Transfer the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law,A written contract should be concluded。
The rights transfer contract includes the following main contents:
(1) Title of the work;
(2) Type of rights transferred and geographical scope;
(3) Transfer price;
(4) The date and method of delivering the transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Article 28 Pledged by property rights in copyright,The pledgor and the pledgee shall handle the pledge registration in accordance with the law。
Article 29 No explicit permission from the copyright owner in the license contract and transfer contract、Rights transferred,Without the consent of the copyright owner,The other party shall not exercise it。
Article 30 The payment standard for using the work can be agreed upon by the parties involved,Remuneration may also be paid in accordance with the payment standards formulated by the national copyright authority in conjunction with relevant departments。Unclear agreement between the parties,Pay remuneration in accordance with the remuneration standards formulated by the national copyright authority in conjunction with relevant departments。
Article 31 Publisher、Performer、Audio and video producer、radio station、TV stations, etc. using other people’s works in accordance with the relevant provisions of this law,Do not infringe the author’s right of authorship、Right of modification、The right to protect the integrity of the work and the right to be remunerated。
Chapter 4 Rights related to copyright
Section 1 Publishing of books, newspapers and periodicals
Article 32 Book publishers shall enter into a publishing contract with the copyright owner when publishing books,And pay compensation。
Article 33 The work delivered for publication by the book publisher to the copyright holder,The exclusive publishing rights enjoyed according to the contract are protected by law,Others are not allowed to publish this work。
Article 34 The copyright owner shall deliver the work within the time limit specified in the contract。Book publishers should comply with the publishing quality agreed in the contract、Books published by deadline。
The book publisher does not publish according to the contract deadline,Should bear civil liability in accordance with the provisions of Article 61 of this Law。
Reprinted by book publisher、Reprinted work,The copyright owner should be notified,And pay compensation。After the book is out of stock,Book publisher refuses to reprint、Reprinted,The copyright owner has the right to terminate the contract。
Article 35 Copyright owner to newspaper、Submitted by the journal publisher,The newspaper has not received a decision to publish the manuscript within fifteen days from the date it was sent,Or the journal publisher has not received a decision to publish the manuscript within 30 days from the date of issuance,You can submit the same work to other newspapers、Journal Society submission。Unless otherwise agreed by both parties。
After the work is published,No reproduction except as stated by the copyright owner、Excerpt,Other newspapers and periodicals can reprint or use it as an abstract、Information publication,However, remuneration should be paid to the copyright owner in accordance with regulations。
Article 36 Book publisher with permission from the author,You can modify the work、Abridged。
Newspaper agency、The journal publisher can make textual modifications to the work、Abridged。Modifications to content,Should be obtained with permission from the author。
Article 37 Publishers have the right to permit or prohibit others from using the books they publish、Journal layout design。
The protection period of the rights specified in the preceding paragraph is ten years,As of books using this layout design、The tenth year after the first publication of the journal12month31Day.
Section 2 Table act
Article 38 Perform using other people’s works,Performers should obtain permission from the copyright holder,And pay compensation。The performance organizer organizes the performance,The organizer obtained permission from the copyright owner,And pay compensation。
Article 39 Performers have the following rights regarding their performances:
(1) Indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Permitting others to broadcast and publicly transmit their live performances,and get paid;
(4) Allow others to record or video record, and receive compensation;
(5) Allow others to copy、Issue、Rent audio and video recordings of his performances,and get paid;
(6) Allow others to disseminate their performances to the public through information networks,and get paid。
The licensee uses the work in the manner specified in items 3 to 6 of the previous paragraph,You should also obtain permission from the copyright holder,And pay compensation。
Article 40 Performances performed by actors to complete the performance tasks of this performance unit are job performances,Actors have the right to identify themselves and protect their performance image from distortion,The ownership of other rights shall be agreed upon by the parties。The parties have not agreed or the agreement is unclear,The right to perform duties is enjoyed by the performance unit。
The right to perform job duties is enjoyed by actors,The performance unit can use the performance for free within its business scope。
Article 41 Item 1, Paragraph 1, Article 39 of this Law、The protection period of the rights specified in the second paragraph is not limited。
The protection period of the rights stipulated in items 3 to 6 of Article 39, Paragraph 1 of this Law is fifty years,As of the fiftieth year after the performance12month31Day.
Section 3 Audio and video
Article 42 Audio and video producers use other people’s works to create audio and video products,Must obtain permission from the copyright holder,And pay compensation。
The sound producer uses the musical works that have been legally recorded as phonograms by others to make phonograms,Can be used without the permission of the copyright owner,But remuneration should be paid in accordance with regulations;No use shall be allowed if the copyright owner declares that the use is not allowed。
Article 43 Audio and video producers produce audio and video products,A contract should be concluded with the performer,And pay compensation。
Article 44 The audio and video products produced by the audio and video producers,With permission for others to copy、Issue、for rent、The right to communicate to the public through information networks and receive remuneration;The protection period of the right is fifty years,Ended on the fiftieth year after the product was first made12month31Day.
Copied by Licensee、Issue、Disseminate audio and video recordings to the public through information networks,The copyright holder should be obtained at the same time、performer permission,And pay compensation;The licensee rents audio and video recordings,Performer’s permission should also be obtained,And pay compensation。
Article 45 Use sound recordings for wired or wireless public transmission,Or publicly broadcast to the public through technical equipment that transmits sound,Remuneration should be paid to the producer of the sound recording。
Section 4 Broadcast by radio stations and television stations
Article 46 radio station、TV stations broadcast other people’s unpublished works,Must obtain permission from the copyright holder,And pay compensation。
radio station、TV stations broadcast other people’s published works,Can be used without the permission of the copyright owner,But remuneration should be paid in accordance with regulations。
Article 47 radio station、The TV station has the right to prohibit the following behaviors without its permission:
(1) Broadcast to play it、TV broadcast by cable or wireless method;
(2) Record and copy the radio and television broadcasts;
(3) Broadcast to play it、TV spreads to the public through information networks。
radio station、The TV station exercises the rights stipulated in the preceding paragraph,Not to be affected、Restrict or infringe upon others’ exercise of copyright or copyright-related rights。
The protection period of the rights stipulated in the first paragraph of this article is fifty years,As of this broadcast、Fifty years after the first broadcast on television12month31Day.
Article 48 TV stations play other people’s audio-visual works、Video product,Must obtain permission from m88 best betting websitethe audiovisual work copyright m88 live casino gamesholder or video producer,And pay compensation;Play other people’s videos,You should also obtain permission from the copyright holder,And pay compensation。
Chapter 5 Protection of copyright and copyright-related rights
Article 49 To protect copyright and copyright-related rights,The right holder can take technical measures。
Without permission from the rights holder,No organization or individual shall deliberately avoid or destroy technical measures,Not manufactured for the purpose of circumventing or destroying technical measures、Import or provide relevant devices or components to the public,Do not intentionally provide technical services for others to avoid or destroy technical measures。But,Law、Except for situations that can be avoided according to administrative regulations。
Technical measures referred to in this law,refers to preventing、Restrict browsing without the permission of the rights holder、Appreciate the work、Performance、Audio and video recordings or works provided to the public through information networks、Performance、Effective technology for audio and video recordings、Device or component。
Article 50 Technical measures can be avoided in the following situations,But you are not allowed to provide others with technology to circumvent technical measures、Device or component,Shall not infringe other rights enjoyed by rights holders in accordance with the law:
(1) For school classroom teaching or scientific research,Provide a small number of published works,For use by teaching or scientific researchers,This work cannot be obtained through normal channels;
(2) Not for profit,Provide published work to people with dyslexia in an accessible format that they can perceive,This work cannot be obtained through normal channels;
(3) State agencies shall administer according to administrative procedures、Supervision、Performing official duties through judicial procedures;
(4) Test the security performance of computers, systems or networks;
(5) Conduct encryption research or computer software reverse engineering research。
The preceding paragraph applies to restrictions on copyright-related rights。
Article 51 The following actions are not allowed without the permission of the right holder:
(1) Deleting or changing works on purpose、Format design、Performance、Audio, video or broadcast、Rights Management Information on TV,Except when it cannot be avoided due to technical reasons;
(2) Know or should know the work、Format design、Performance、Audio, video or broadcast、The rights management information on the TV was deleted or changed without permission,Still available to the public。
Article 52 Those who have the following infringements,Should be based on the situation,Responsibility to stop infringement、Eliminate the impact、apology、Civil liability for compensation for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Without the permission of the co-author,Publishing a work created in collaboration with others as a work created alone;
(3) Did not participate in the creation,For personal fame and fortune,Signed on other people’s works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner,To exhibition、Methods for filming audiovisual works and using works,Or adapted、Translation、Using the work in the form of annotations,Except as otherwise provided for in this law;
(7) Using other people’s works,Remuneration should be paid but has not been paid;
(8) Unauthorized audiovisual works、Computer software、Copyrighter of audio and video recordings、Permission from the performer or audio and video producer,Lease originals or copies of their works or audio and video products,Except as otherwise provided for in this law;
(9) Without the publisher’s permission,Books published using it、Journal layout design;
(10) Without the permission of the performer,Live broadcast or publicly transmit their live performance,Or recording his performance;
(11) Other acts that infringe copyright and copyright-related rights。
Article 53 Those who have the following infringements,Should be based on the situation,Assume civil liability stipulated in Article 52 of this Law;Infringement while harming public interests,Ordered by the department in charge of copyright to stop infringement,Warn,Confiscation of illegal gains,Confiscated、Innocuous destruction and disposal of infringing copies and materials mainly used to make infringing copies、Tools、Equipment, etc.,Illegal business volume of more than 50,000 yuan,A fine of not less than one time but not more than five times of the illegal business amount may be imposed;No illegal business volume、Illegal business volume is difficult to calculate or is less than 50,000 yuan,A fine of not more than 250,000 yuan may be imposed;Constituting a crime,Pursuing criminal responsibility according to law:
(1) Without the permission of the copyright owner,Copy、Issue、Performance、Showing、Broadcast、Compilation、Communicate his works to the public through information networks,Except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Without the permission of the performer,Copy、Release of audio and video recordings of his performances,Or disseminate their performances to the public through information networks,Except as otherwise provided for in this law;
(4) Without the permission of the audio and video producer,Copy、Issue、Disseminate the audio and video recordings produced by them to the public through information networks,Except as otherwise provided for in this law;
(5) Without permission,Play、Copy or broadcast to the public through information networks、TV’s,Except as otherwise provided for in this law;
(6) Without the permission of the copyright owner or copyright-related rights holder,Deliberately avoiding or destroying technical measures,Deliberately made、Import or provide to others mainly for avoidance、Destruction of devices or components of technical measures,Or deliberately provide technical services for others to avoid or destroy technical measures,Law、Except otherwise provided by administrative regulations;
(7) Without the permission of the copyright owner or copyright-related rights holder,Intentional deletion or alteration of works、Format design、Performance、Audio, video or broadcast、Rights Management Information on TV,Know or should know the work、Format design、Performance、Audio, video or broadcast、The rights management information on the TV was deleted or changed without permission,Still available to the public,Law、Except otherwise provided by administrative regulations;
(8) Producing and selling works counterfeiting the signature of others.
Article 54 Infringement of copyright or copyright-related rights,The infringer shall compensate the right holder according to the actual losses suffered by the right holder or the infringer’s illegal gains;The actual losses of the right holder or the illegal gains of the infringer are difficult to calculate,Compensation can be given based on the royalties。Intentional infringement of copyright or copyright-related rights,Serious circumstances,Compensation may be given at not less than one time and not more than five times the amount determined according to the above method。
Actual losses of the right holder、Illegal gains of the infringer、The royalties are difficult to calculate,By the People’s Court based on the circumstances of the infringement,Judgment of compensation ranging from RMB 500 to RMB 5 million。
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement。
The People’s Court determines the amount of compensation,After the right holder has fulfilled the necessary burden of proof,Account books related to infringement、Information and other information mainly controlled by the infringer,The infringer can be ordered to provide account books related to the infringement、Information, etc.;The infringer does not provide it,Or provide false account books、Information, etc.,The people’s court may determine the amount of compensation with reference to the right holder’s claims and the evidence provided。
People's Court hearing copyright dispute cases,At the request of the rights holder,For infringing copies,Except for special circumstances,Ordered to destroy;For materials mainly used to make infringing copies、Tools、Equipment, etc.,Ordered to destroy,No compensation will be given;Or in special circumstances,Ordered to prohibit the aforementioned materials、Tools、Equipment enters commercial channels,No compensation will be given。
Article 55 When the department in charge of copyright investigates and punishes suspected infringement of copyright and copyright-related rights,You can ask the relevant parties,Investigating circumstances related to suspected illegal conduct;Conduct on-site inspection of places and items where parties are suspected of illegal activities;View、Copying contracts related to alleged illegal acts、Invoice、Account books and other relevant information;For places and items suspected of illegal activities,Can be seized or detained。
When the department in charge of copyright exercises its powers specified in the preceding paragraph in accordance with the law,The parties concerned shall provide assistance、Cooperation,Do not refuse、Obstruction。
Article 56 The copyright owner or copyright-related m88 online sports bettingright holder has evidence to m88 bet loginprove that others are infringing or are about to infringe their rights、Behavior that hinders the realization of their rights,If not stopped in time, its legitimate rights and interests will be irreparably damaged,You can apply to the People’s Court for property preservation in accordance with the law before filing a lawsuit、Measures such as ordering certain behaviors or prohibiting certain behaviors。
Article 57 To stop infringement,When evidence may be lost or difficult to obtain later,The copyright owner or copyright-related rights holder may apply to the People’s Court for evidence preservation in accordance with the law before filing a lawsuit。
Article 58 People’s Court hearing cases,For infringement of copyright or copyright-related rights,Illegal gains can be confiscated、Infringing copies and property used for illegal activities。
Article 59 Publisher of the copy、The producer cannot prove its publication、Produced with legal authorization,Publisher of copy or audiovisual work、Computer software、The lessor of copies of audio and video recordings cannot prove their distribution、Replicas for rent are from legal sources,Should bear legal responsibility。
In proceedings,The accused infringer claims that it does not bear infringement liability,Evidence should be provided to prove that the permission of the right holder has been obtained,Or there are circumstances stipulated in this law that may be used without the permission of the right holder。
Article 60 Copyright disputes can be mediated,It can also be based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract,Apply for arbitration to an arbitration institution。
The parties do not have a written arbitration agreement,There is no arbitration clause in the copyright contract,You can file a lawsuit directly with the People’s Court。
Article 61 The parties bear civil liability because they do not perform their contractual obligations or perform their contractual obligations inconsistently with the agreement,And the parties’ exercise of litigation rights、Application for preservation, etc.,Applicable provisions of relevant laws。
Chapter 6 Attachment then
Article 62 The copyright referred to in this law is copyright.
Article 63 Publication referred to in Article 2 of this Law,Refers to the reproduction of the work、Issue。
Article 64 Computer software、Measures for the protection of information network dissemination rights shall be separately stipulated by the State Council。
Article 65 Photography,its right to publish、The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is2021Year6month1Expired recently,But still within the protection period in accordance with the provisions of Article 23, Paragraph 1 of this Law,No longer protected。
Article 66 Copyrighters and publishers specified in this law、Performer、Audio and video producer、radio station、Rights of the TV station,The protection period stipulated in this Law has not expired on the date of implementation of this Law,Protected in accordance with this law。
Infringement or breach of contract that occurred before the implementation of this law,Processed in accordance with relevant regulations when infringement or breach of contract occurs。
Article 67 This law comes from1991Year6month1Effective from today.
(Source: National Copyright Administration)